If you heard “ATF says it won’t appeal the silencer case,” that is two different statements run together. ATF’s Director said guidance is coming and said nothing about an appeal. The “won’t appeal” claim came from a congressman. The Justice Department’s own words are “currently assessing.” The appeal deadline is October 5, 2026. Details below, each statement quoted.
For ninety years the NFA’s registration scheme for suppressors and short-barreled rifles rode on a $200 tax. Congress zeroed the tax. A federal court held the scheme can’t stand without it — but only for the people who sued. And in Colorado, the state has its own felony waiting.
C.R.S. § 18-12-102(3) makes it a class 5 felony to knowingly possess a “dangerous weapon,” which subsection (1) defines to include a “firearm silencer … short shotgun, or short rifle.” The only civilian defense, in subsection (5), is that the person “has a valid permit and license for possession of such weapon” — which in practice has always meant federal NFA registration.
So a Coloradan who is covered by the federal injunction and skips the Form 4 may avoid a federal charge and still have no defense to a state felony. No court has decided whether the Texas ruling changes that, and this page will not guess. Practically: keep filing your Form 4 and Form 1 in Colorado. Silencer Shop itself still lists Colorado among the states where it processes registrations.
Silencer Shop Foundation v. ATF, No. 6:25-cv-00056-H, consolidated with Jensen v. ATF, No. 6:26-cv-00227 (N.D. Tex., San Angelo Div.), Judge James Wesley Hendrix. Memorandum opinion and final judgment entered August 5, 2026; a seven-day stay lapsed and the injunction took effect August 13. Plaintiffs include Silencer Shop Foundation, Gun Owners of America, B&T USA, Palmetto State Armory, SilencerCo, the Texas State Rifle Association, FPC Action Foundation, the Citizens Committee for the Right to Keep and Bear Arms, and fifteen states. Colorado is not among them.
“Because today’s NFA does not generate any revenue from untaxed firearms, its regulatory provisions cannot be upheld under the taxing power.”
“But to be clear: The challenged NFA provisions are unconstitutional.”
“Efforts to render the NFA constitutional must come from Congress, not this Court.”
Mem. Op., Doc. 136, at 1–3.
“…the plaintiffs in both cases are entitled to a permanent injunction barring enforcement of the challenged NFA provisions against them, their members, and their customers. But that is as far as it goes.”
“Federal courts lack power to issue universal injunctions that provide relief to parties not before the Court.”
Mem. Op., Doc. 136, at 3, applying Trump v. CASA (2025). The court also expressly declined to extend the injunction to the organizations’ “supporters.”
This is the part the headlines skip. The court struck the provisions in words, but it enjoined enforcement only for the parties in front of it.
Three statements got blended into one rumor. Here they are separately, quoted, with who said them.
“ATF respects the Court’s ruling and the rule of law. We are following the order and will not take enforcement action against protected parties inconsistent with that ruling. We are working diligently on clear guidance. Getting it RIGHT matters more than getting it out fast.”
What it says: guidance is coming, and enforcement is paused as to “protected parties.” What it does not say: anything about an appeal. As of this page’s review date, no guidance has been published. The only ATF document since is a Sept. 8 open letter to dealers about repairing already-registered silencers — it does not address the ruling.
“The Department respects Americans’ Second Amendment rights and is currently assessing the impact of the court’s ruling.”
“Not staying the case is different than not appealing.”
What it says: DOJ chose not to seek a stay, and it has not decided on an appeal. The second line was DOJ’s answer when asked directly about the congressman’s claim below. It is the opposite of a commitment.
“…received confirmation from the Trump Administration that the DOJ will NOT appeal.”
What it is: a legislator’s secondhand account of a private assurance. That is the source of “they won’t appeal.” It may prove accurate. It is not a government statement, and the government declined to confirm it.
If you are not in a covered category, nothing changed for you federally. Form 4 for a transfer, Form 1 to make, and registration are still required. ATF is reportedly still processing Form 4s as before.
If you are covered — say, a GOA member buying a suppressor from SilencerCo — the federal registration requirement is enjoined as to that transaction. And then Colorado law is still standing there: possession of a “firearm silencer” without “a valid permit and license” is a class 5 felony under § 18-12-102. Whether a federal injunction counts as a “permit and license” is a question no Colorado court has answered. Betting a felony on an untested reading is a bad trade when the Form 4 now costs $0.
The tax is gone. The registration, for most people, is not.
And in Colorado the state statute never depended on either.
One more reason for caution: the ruling is one district judge’s. Two other federal courts are deciding the same question this fall, the Third Circuit upheld silencer registration in a separate case on Sept. 1, and the Second Circuit did the same on Sept. 2. Whatever the Fifth Circuit does on appeal, this is heading toward a split — and eventually toward the Supreme Court.
The organizations that sued are the ones whose members are covered. That is the honest reason to join one — and the honest reason to keep filing in Colorado until the state statute moves.
The author of this site is not an attorney and does not practice law. Nothing published here is legal advice, no part of it is offered as legal advice, and reading it creates no attorney-client relationship with anyone. This is Second Amendment advocacy and general-interest commentary written by a private citizen, and it includes opinion.
Full terms: Legal Notice & Terms of Use → Page last reviewed September 11, 2026. The law may have changed since.